The Weekly Law Reports
[2021] 1 WLR 4354
Supreme Court
*Test Claimants in the FII Group Litigation v Revenue and Customs Commissioners (formerly Inland Revenue Commissioners)
Test Claimants in the FII Group Litigation and others v Revenue and Customs Commissioners (formerly Inland Revenue Commissioners)
[2021] UKSC 31
2020 Dec 7–10; 2021 July 23
Lord Reed PSC, Lord Hodge DPSC, Lord Briggs, Lord Sales, Lord Hamblen JJSC
Revenue— Corporation tax— Advance corporation tax— Taxpayers’ claims for restitution of tax levied in breach of EU law— Revenue conceding taxpayers entitled to restitution of unlawfully levied tax with compound interest— Whether revenue barred from withdrawing concession to prejudice of taxpayers— Whether and on what basis taxpayers entitled to interest for tax paid prematurely— Whether taxpayers entitled to restitution in respect of unused double taxation relief credits— Whether revenue enriched by receipt of unlawful tax when paying out shareholder credits— Whether EU standstill provision applying after UK altering foreign tax rules— Appropriate method for calculating award where parent company surrendering surplus tax to subsidiary—
Senior Courts Act 1981 (c 54), s 35A[1]
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Income and Corporation Taxes Act 1988 (c 1), ss 231, 240[2]
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Access to Justice Act 1999 (c 22), s 54(4)[3]
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Finance Act 2019 (c 1), s 85[4]
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FEU Treaty
, arts 63, 64[5]